What is the Discovery Process in a Personal Injury Case?

Fair information exchange is essential to a fair outcome.

In a personal injury case, discovery is a critical, court-supervised information exchange process. Many on-screen legal dramas feature lawyers calling “surprise witnesses” who alter the trial’s outcome at the last second. In the real world, such practices are illegal, at least in most cases. The American legal system prohibits trial by ambush. Instead, Florida rules require all litigants to lay all their cards face-up on the table. No one can keep an ace in the hole.

Information exchange is mandatory, but the information is not there for the taking. Instead, a Brandon personal injury lawyer must know the right questions to ask and the right techniques to use. In a personal injury matter, an insurance company does not have to produce any evidence unless the victim’s lawyer properly requests it. Even then, if the insurance company’s response is evasive or incomplete, a Brandon personal injury lawyer must take the matter up with the judge, or else the insurance company will get away with it.

Oral Discovery

Party depositions, witness depositions, and victim medical examinations are the most common oral discovery tools in Florida.

Witness and party depositions are exactly like live court testimony in many ways. The witness swears to tell the truth, a court reporter records all questions and answers, and lawyers may object to improper questions and/or answers.

The setting is the main difference. Instead of a courtroom, depositions usually take place in conference rooms. No judge is present to rule on objections. Instead, the judge rules on them later. So, the witness must answer the question. More on that below.

The witness could be a fact witness who saw the incident or an expert witness who reviews the facts and issues an expert opinion. Only certain people qualify as “experts” under Florida’s rules of civil procedure. The expert’s report is subject to review as well.

Frequently, insurance company-affiliated doctors examine victims to dispute the extent of their claimed injuries.

Written Discovery

Oral discovery is very expensive. Written discovery, on the other hand, is usually very cheap. Common discovery tools include interrogatories (questions), document production requests, and requests for admission.

Usually, parties have about thirty days to respond to written discovery requests. If the responding party feels the question is improper, a Brandon personal injury lawyer can object. However, the request must be answered. If the response is late, the judge could penalize the responding party. For example, if a victim fails to respond to requests for admission, that information may be deemed admitted.

Discovery Disputes

When lawyers object during oral or written discovery, their objections are duly recorded in writing. So, a judge often later reviews the discovery record and rules on that objection. If the judge sustains the objection, the response is inadmissible at trial.

On a related note, parties often file privacy objections to document requests. Once again, if a judge rules the document is privileged, it is inadmissible at trial.

Not all objections proceed to hearings. Occasionally, objecting parties do not want or need rulings on their objections, mostly for strategic reasons. Most often, however, discovery disputes, like civil trials, settle out of court.

Reach Out to a Thorough Hillsborough County Attorney

Discovery is one of the most vital parts of a personal injury case. For a confidential consultation with an experienced personal injury lawyer in Brandon, contact Carman & Finegan, P.A. We routinely handle matters throughout the Sunshine State.